No. 4-90-0312.

569 N.E.2d 1089 (1991)

211 Ill. App.3d 1087

155 Ill.Dec. 478

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Terry NEWMAN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied May 9, 1991.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Lori L. Mosby, Asst. Defender, for defendant-appellant.

Donald M. Cadagin, State's Atty., Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Gwendolyn W. Klingler, Staff Atty., for plaintiff-appellee.

Justice KNECHT delivered the opinion of the court:

Following a December 6, 1989, bench trial, defendant Terry Newman was convicted of unlawful possession with intent to deliver 15 grams or more but less than 100 grams of a controlled substance (Ill.Rev. Stat.1989, ch. 56½, par. 1401(a)(2)) and sentenced to eight years' imprisonment. Defendant was acquitted on a separate charge of armed violence. (Ill.Rev.Stat.1989, ch. 38, par. 33A-2.) Codefendants, Gregory Davis...

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